UPSC Mains 2021 GS Paper 2 Q14: model answer

In January 2020 the Andhra Pradesh Assembly voted to abolish its Legislative Council after the Council delayed the three-capitals Bill. In November 2021 the same Assembly withdrew the resolution. A House that can be created or killed by a simple vote tells you something about its strength.

Constitutional basis

• Article 169: Parliament may create or abolish a Council if the State Assembly passes a resolution by a special majority (majority of total membership and two-thirds of those present and voting). Such a law is not an amendment under Article 368.
• Article 171: composition.

Composition

• Not more than one-third of the Assembly's strength, at least 40.
• One-third elected by local bodies, one-third by MLAs, one-twelfth by graduates, one-twelfth by teachers, and about one-sixth nominated by the Governor from literature, science, art, cooperation and social service.
• Permanent House; a third retire every two years.

Working

• It can delay ordinary Bills for up to four months (three plus one), and Money Bills by 14 days.
• It brings experts and teachers into law-making.
• It has been used to park defeated leaders and to delay Bills of a rival government.

Current status

• Six States have Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh.
• J&K's Council was abolished by the 2019 Reorganisation Act.
• Tamil Nadu abolished its Council in 1986; a revival law of 2010 was never acted on.
• Resolutions from Rajasthan, Assam and Odisha await Parliament's Act.

Assessment

• For: second thought, expertise, a check on hasty Bills.
• Against: costly, easily bypassed, used as political rehabilitation.

The 2nd ARC and many scholars suggest a national policy: either Councils in all large States with clear roles, or none. The present map of six depends on politics, not on principle.